JALA DEVI Vs. CHEDAN PRASAD MANDAL

JUDGEMENT

(1.) THIS second appeal has been filed by the sole plaintiff -respondent -appellant challenging the judgment and decree of the learned court of appeal below.

(2.) THE matter arises out of Title Suit No. 94 of 1988, which was filed by the appellant for specific performance of contract by way of directing defendant no. 1 to accept balance consideration money and give her the registration receipt of registered sale deed (Ext. 2) dated 10.9.1986 executed by the defendant in favour of the plaintiff with respect to the suit land.

(3.) THE facts, which are admitted by the parties are that defendants agreed to sell the suit land to the plaintiff and the amount of consideration was fixed at Rs. 12,000.00 whereupon the defendants executed a sale deed, which was duly registered on 10.9.1986 (Ext. 2). The controversy between the parties is that according to the plaintiff Rs. 6,000.00 was paid in advance, as mentioned in the sale deed, and it was agreed that at the time of exchange of equivalents the remaining Rs. 6,000.00 will be paid by the plaintiff to the defendants, which amount was being offered by the plaintiff after registration of the sale deed. But according to the defendants no advance was paid and the plaintiff had to pay the entire consideration amount of Rs. 12,000.00 at the time of exchange of equivalent, which the plaintiff was not ready to pay, hence on 19.12.1988 the defendants executed a deed of cancellation of the aforesaid sale deed dated 10.9.1986. It may be noted here that the said deed of cancellation dated 19.12.1988 was not brought on record by the defendants although statement with respect thereto was made in the written statement (Ext. B).